When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime
Section 109 of the Indian Succession Act, 1925 deals with when bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime. Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately The Act came into force on 30 Sep 1925.
Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will.
Illustration
A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to his widow. D. The money goes to D.
Section 109, The Indian Succession Act, 1925 (Act 39 of 1925).
Questions about Section 109
What does Section 109 of the Indian Succession Act deal with?
Section 109 of the Indian Succession Act is headed "When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime". Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately
How do I find court cases under Section 109 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 109, section 109 Succession Act, section 109 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 109. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 109 of the Indian Succession Act come into force?
Section 109 of the Indian Succession Act, cited as Succession Act 109, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.